West Bengal

South 24 Parganas

CC/618/2014

Anjan Das, S/O Late Monoranjan Das. - Complainant(s)

Versus

Sony India Pvt. Ltd. - Opp.Party(s)

22 Sep 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _618_ OF ___2014__

 

DATE OF FILING : _24.12.2014__                           DATE OF PASSING JUDGEMENT:  22/09/2016

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :     Subrata Sarker & Sharmi Basu

                                                                             

COMPLAINANT              :      Anjan Das,s/o late Monoranjan Das of 9, South Park, Santoshpur, Jadavpur, P.S. Survey Park, Kolkata – 75.

 

-VERSUS  -

 

O.P/O.Ps                            :  1.    Sony India Pvt. Ltd. Manuja Towers, 32, Hazra Road, P.S. Bhabanipur, Kolkata – 29.

                                             2.    Technoplaza Computer Services & Repair, Binoy Giri Apartment, Fartabad More, Garia Station Road, P.S. Garia, Kolkata – 84.

                                            3.     Sony Center, Galaxy, 42, Gariahat Road, P.S. Gariahat, Kolkata-29.

_______________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member          

 

This is an application under section 12 of the C.P Act 1986 filed by the complainant .

            The complaint gave birth since he has purchased one Sony Hi-Fi Audio System Model no.CMT-BT60 along with a DVD-Player, Model no.BDP-S1100 at the cost of Rs.(15,711.79 +Rs.6017.47=Rs.24,880.00)  + VAT @14.5%  i.e. Rs.3,150.76 ,totaling to Rs.24,880/- from the Sony Center, 42, Gariahat Road, Kolkata -29 on 18.4.2014. After purchase complainant faced problem to play the Audio system as it stopped working on and from 30.8.2014. The said problem cropped up during the course of warranty period.

            Then the complainant took the said system to the authroised Sony Repair/Service Centre at Technoplaza Computer Services & Repair, Binoy Giri Apartment, Fartabad More, Garia Station Road, P.S. Garia, Kolkata -84 and they accepted the said system for repairing vide job no.J41959954 dated 30.8.2014. At the time of acceptance the technician of the said Service Center opened the said product and showed that ant/insects into the interior side of the item had actually caused the damage. The said technician further intimated that the item would not be repaired under warranty but if the cost of repairing was paid the set would be repaired. On such submission the complainant agreed and kept the system at the service centre for necessary repairing work. The Service Centre on 2.9.2014 intimated the complainant hat the cost of repairing would be Rs.5,300/- to which the complainant agreed. But on 24.10.2014 , Regional Customer Care Incharge- East of Sony India Pvt. Ltd. send a letter to the complainant that the said material was affected by ant/insects and is affected due to external cause and not serviciable and offered alternative option of a new set from the current range at 25% rebate. Hence the complaint with a prayer to pay back the cost of set i.e. Rs.17,990/-(inclusive Vat @14.5%), Rs.10,000/- for compensation and other suffering of the petitioner, Rs.10,000/- towards cost of the harassment, totaling to Rs.37,990/- all together.

It appears from the record that inspite of giving chance to the O.Ps they did not file any reply of the questionnaire of the complainant.

                                                            Decision with reasons

The document of the Service Centre of O.P and Sony India clearly suggest that the set is dead. It also appears from the record that the complainant was ready to pay the repairing charges of Rs.5,300/- as asked for by the Service Centre i.e. Technoplaza ,though it was under the period of warranty. M/s Technoplaza Garia is the authorized Service Center of Sony India Pvt. Ltd. Their technicians supposed to be approved by Sony India Pvt. Ltd. then, if they can say that the set could  be repaired after paying cost, how the Sony India Authority could say that it is unrepairable. Moreover, when the complainant went to M/s Technoplasa to know the status report he was informed that they were waiting for internal parts ordered to carry out the repair. But no issue of external damage was referred by them. Whereas Sony India Pvt. Ltd. informed the complainant that the set in question has been affected by ants/insects and is affected and damaged due to external cause.

It is very hard to believe that a Audio system manufactured by a renowned Company such as “SONY” will not be sealed properly so that the ant/insects get entry into it. The O.P has also said that there is no design failure in the set and the set is affected by ant which is a usage related issue. We know that in a tropical country like us there are  ant in almost every house starting from Bastis to high rises. Our question is at the time of delivery of the set  are the customers cautioned by the sellers that it could be damaged by ant. Moreover, Sony India opted an alternative option offering a new set from their current range of Sony Audio 75% on the MRP of the products (25% discount on MRP of the product). It is unfortunate to comment that Sony India being a leading concern of this arena along with their authroised service centre M/s Technoplaza behaved in such a manner and failed to achieve the happiness of the consumer/complainant which is very unfortunate . Customers are opting to purchase Sony Audio System with a hope and believe that Sony products are reputed in the market for their perfection and good service. We believe that Sony India keeping their reputation will replace the said set by a new set of same model or with a better model .

 

 

With that observation it is,

                                                                        Ordered

That the complaint case is allowed .

The O.P-3 is directed to replace the Audio System with a new one of same model or better model of same concern or to refund the purchased price of the Audio System within 45 (Forty Five) days from the date of this order and the present set shall be handed over to the O.P-3 by the complainant .

The O.Ps are also directed jointly and/or severally to pay compensation to the tune of Rs.3000/- each for his harassment and mental agony and litigation cost of Rs.2000/- each to the complainant within 45 days from the date of this order.

Be it mentioned here that after the stipulated date if the said Audio System is not replaced then the complainant is at liberty to execute the order through this Forum and in that event both the O.Ps jointly and/or severally have to bear further cost of Rs.5000/- equally towards punitive damage and that will be deposited in the Consumer Legal Aid Fund.

 

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a  plain copy be handed over to the complainant free of cost for information.

 

Member                                               Member                                                                       President

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                                                        Ordered

That the complaint case is allowed .

The O.P-3 is directed to replace the Audio System with a new one of same model or better model of same concern or to refund the purchased price of the Audio System within 45 (Forty Five) days from the date of this order and the present set shall be handed over to the O.P-3 by the complainant .

The O.Ps are also directed jointly and/or severally to pay compensation to the tune of Rs.3000/- each for his harassment and mental agony and litigation cost of Rs.2000/- each to the complainant within 45 days from the date of this order.

Be it mentioned here that after the stipulated date if the said Audio System is not replaced then the complainant is at liberty to execute the order through this Forum and in that event both the O.Ps jointly and/or severally have to bear further cost of Rs.5000/- equally towards punitive damage and that will be deposited in the Consumer Legal Aid Fund.

 

Let a plain copy of this order be sent to the O.Ps through this Forum for strict compliance and a  plain copy be handed over to the complainant free of cost for information.

 

Member                                               Member                                                                       President